Bill S357-2011

Allows satisfaction of constitutional requirement that bills be on members desks by distribution of bills in electronically written form

Allows satisfaction of constitutional requirement that bills be on members desks prior to passage/voting by distribution of bills in electronically written form: provides that a bill shall be deemed to be printed and upon the desks of the members if: it is set forth in a legible electronic format by electronic means, and it is available for review in such format at the desks of the members; provides that "electronic means" means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions and which: allows the recipient to reproduce the information transmitted in a tangible medium of expression; and does not permit additions, deletions or other changes to be made without leaving an adequate record thereof.

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Memo

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 14 of article 3 of the constitution, in relation to the manner of passing bills

PURPOSE: Allows satisfaction of constitutional requirement that bills be on members' desks by distribution of bills in electronically written form.

SUMMARY OF PROVISIONS: Amends Section 14 of Article 3 of the constitution relating to the requirement that no bill shall be passed or become law unless it shall have been printed and placed upon the desks of members. This bill adds language that specifies that a bill shall be deemed printed and on members' desks if:

* It is set forth in a legible electronic format by electronic means, and

* It is available for review at the desks of members. Also, "electronic means" is specifically defined to mean any method of transmission between computers that:

* Allows the recipient to reproduce the information transmitted in a tangible medium, so that if any member prefers to review the information printed on paper, he or she can do so, and

* Does not allow additions, deletions or other changes to be made without leaving an adequate record thereof.

JUSTIFICATION: In today's technologically advanced age, a tremendous amount of time, money, and paper can be saved by placing bills on the desks of members, prior to voting, in electronic rather than paper form. The benefits would be especially pronounced when voting on budget bills. Now, long sessions are made even longer due to the fact that members must wait for bills to be printed as last minute changes are made. Entering bills into a computer, subsequently sending them to computers on members' desks, would be faster and more cost effective. This bill would allow this option.

Members who prefer to review a paper version of any bill should have access to a printer. This legislation clearly specifies that every member who so desires must have access to a paper version of any legislation on his or her desk.

EFFECTIVE DATE: Resolved (if the Assembly concur) that the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election.

Text

STATE OF NEW YORK
________________________________________________________________________
357
2011-2012 Regular Sessions
IN SENATE
(PREFILED)
January 5, 2011
___________

Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 14 of article 3 of the constitution,
in relation to the manner of passing bills
Section 1. Resolved (if the Assembly concur), That section 14 of arti-
cle 3 of the constitution be amended to read as follows:
S 14. No bill shall be passed or become a law unless it shall have
been printed and upon the desks of the members OR, AT A MEMBERS' OPTION,
IF IT HAS BEEN SET FORTH IN A LEGIBLE ELECTRONIC FORMAT BY ELECTRONIC
MEANS AND HAS BEEN AVAILABLE FOR REVIEW IN SUCH FORMAT AT THE DESK OF
SUCH MEMBER, in its final form, at least three calendar legislative days
prior to its final passage, unless the governor, or the acting governor,
shall have certified, under his or her hand and the seal of the state,
the facts which in his or her opinion necessitate an immediate vote
thereon, in which case it must nevertheless be upon the desks of the
members in final form, not necessarily printed, before its final
passage; nor shall any bill be passed or become a law, except by the
assent of a majority of the members elected to each branch of the legis-
lature; and upon the last reading of a bill, no amendment thereof shall
be allowed, and the question upon its final passage shall be taken imme-
diately thereafter, and the ayes and nays entered on the journal.
FOR PURPOSES OF THIS SECTION "ELECTRONIC MEANS" MEANS ANY METHOD OF
TRANSMISSION OF INFORMATION BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED
FOR THE PURPOSE OF SENDING AND RECEIVING SUCH TRANSMISSIONS AND WHICH:
ALLOWS THE RECIPIENT TO REPRODUCE THE INFORMATION TRANSMITTED IN A
TANGIBLE MEDIUM OF EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS
OR OTHER CHANGES TO BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF.
S 2. Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89008-01-1

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